“Victims of RNA Corp.” OR Victims of Any Unscrupulous Builder, What are the options available for Home Buyer.

“Victims of RNA Corp.” OR Victims of Any Unscrupulous Builder, What are the options available for Home Buyer and Aggrieved Flat Owners in Redevelopment Project

How to File a against a Builder, What are the options available

Any citizen can file a case against a developer. There are several options and situations under which a property buyer can file a complaint. Types of complaints are:

EOW

Consumer case

Suit for Specific Performance of Contract

On the following grounds in which a property buyer can drag an incompetent property developer on violations/ breach of ground

Non-execution of relevant sale agreement despite having received a substantial advance amount

Non-issuance of copies of all relevant documents viz.; development agreement, power of attorney, sanctioned plan (by concerned Regional Authorities), specification of construction materials/design as per sanctioned plan and any other relevant documents

Charged higher than the agreed amount

No issuance of proper receipt(s) against the paid amount

Poor quality construction

Delivering of a house not complying to agreed specifications

No free parking space within the premises

Did not form a co-operative housing society and handed over to members

Non-provision of water storage tank

Non-provision of proper ventilation and light

Delayed possession beyond the stipulated time limit

Not obtaining completion certificate from the concerned registered (by the authorities) architect

Non-issuance of Occupancy Certificate at the time of delivery of respective flats/house to its occupants

Non-declaration of expenses against which the developer collected money

And many more…

Any project falling short of above listed causes home buyers to approach for remedy from options available 1 to 5

4) National Commission if agreement value is more than 1 Crore (New Delhi)

5) State Consumer if agreement value is less than 1 Crore (Mumbai)

How to file a complaint against a builder in the Consumer Court?

With builders coming under the clause of being a service provider, the process of filing a consumer court complaint against them is the same as with other service providers. To file a complaint, you need to adhere to the following steps:

Send a well drafted Legal Notice to the builder stating your reasons of discontent

Await for a response for the stipulated time from the other party

On no-response, prepare a petition stating facts and evidences with the help of expert legal advice

Approach the Consumer Court and file your petition against the builder

As per a judgement passed by the National Commission in the case of Jayantabhai Ranka and Arunaben Kapadia vs Ravi Developers, the Commission pointed out that the cause of action on the builder continues till the allotment of the site or full refund of money on refusal to allot.

This means, no matter how much the delay, the builder is liable to properly honour his service agreement. The other important point that this particular case also highlighted is that ‘each property developer is liable to execute an agreement for sale’. And failure to do so can be a cause of action against the builder in the Consumer Court.

You may simultaneously approach EOW with legal advice along with Consumer Court Case

This option of specific performance in High Court is little expensive but result oriented all you need a good Advocate and result can be expected in 4 to 8 months where as in consumer court it may take 12 to 24 months

This option is expensive as you have to pay court fees the upper cap of the court fee is Rs 3 Lakh the court fee structure calculation table is given for your reference